Document rpmyD08JRgGeEqXYJQMZ7vJar

To: Dravis, Samantha[dravis.samantha@epa.gov] Cc: Hupp, Millan[hupp.millan@epa.gov] From: Shea, Quin Sent: Mon 3/27/2017 8:47:11 PM Subject: Following Up on EEI Board Meeting CasesList 032717 Final.docx Samantha: Thanks again for efforts by you, Millan and others on the EPA team in arranging for Administrator Pruitt to address the EEI Board of Directors. The Administrator's remarks were extremely well received and provided ample food for thought going forward. In that vein, during the Q&A session the Administrator requested a list of current and pending milestones in cases impacting EEl's members. An initial list is attached. Importantly, it focuses on items that EEI has traditionally engaged and/or where industry unanimity has been established. Individual EEI member companies may supplement this list with additional priorities related to their local operations. I hope you find this note responsive to the Administrator's request. I will follow up with you relative to this and other matters we discussed at the EEI meeting. Quinlan J. Shea, III (Quin) Vice President, Environment Edison Electric Institute 701 Pennsylvania Avenue, NW Washington, DC 20004 202-508-5027 qshea@eei.org 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008052-00001 Currently Active EPA Cases Air Arkansas v. EPA - Regional Haze FIP, 8th Circuit. Nos. 16-4270 et al. Currently held in abeyance; reconsideration petition proceeding pending Texas v. EPA - Regional Haze FIP, 5th Cir. No. 16-60118. Stay granted, remanded to EPA for reconsideration; stay remains in place, although status report on stay required from EPA in April Utah v. EPA - Regional Haze FIP, 10th Cir. Nos. 16-9541, et al. Petitioners have filed opening briefs (March 10 and 17, 2017) Wyoming v. EPA- Regional Haze FIP, 10th Cir. Nos. 14-9529, 14-9530, 14-9533 and 14-9534. Stay granted, briefing completed and oral argument not yet scheduled. Settlement of one of the cases, No. 14-9533, proposed and comment period closed; EPA deadline to take action on proposed settlement is April 3, 2017 Texas v. EPA - Regional Haze Rule, D.C. Cir. No. 17-1021. Petitions for review filed West Virginia v. EPA - Clean Power Plan, D.C. Cir. Nos. 15-1363, et al. Oral argument completed, awaiting decision or further motions, motions to consolidate challenges to denial of reconsideration petitions pending North Dakota v. EPA - New Source Standard, D.C. Cir. Nos. 15-1381, et al. Briefing completed, oral argument scheduled for April 17, 2017 Murray Energy v. EPA - Ozone NAAQS, D.C. Cir. No. 15-1385. Briefing completed, oral argument scheduled for April 20, 2017 Wisconsin v. EPA - CSAPR Update Rule, D.C. Cir. No. 16-1406. Petitions for review filed Utility Air Regulatory Group v. EPA - CSAPR > BART Rule, D.C. Cir. No. 12-1342. Briefing completed, oral argument not yet scheduled Murray Energy v. EPA &.ARIPPA v. EPA - MATS Cost Considerations & Reconsideration Denial, D.C. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008053-00001 Circuit. Nos. 16-1127 & 15-1180 et al. Briefing completed, oral argument scheduled for May 18, 2017 Center for Biological Diversity v. EPA - N02 NAAQS Deadline Suit, 3:16-cv-03796-VC (N.D. Cal.). Settled, requires EPA to propose a rule by July 14, 2017 and finalize by April 16, 2018 Sierra Club v. EPA - Kentucky 2008 Transport Deadline Suit, 3:14-cv-03985-JD (N.D. Cal.). Motion for summary judgment hearing held March 23, 2017 Walter Coke, Inc. v. EPA - SSM SIP Call, D.C. Cir. No. 15-1166. Briefing completed, oral argument scheduled for May 8, 2017 Solid Waste USWAG v. EPA-Coal Combustion Residuals, D.C. Cir. No. 15-1219. Briefing completed, oral argument not yet scheduled American Petroleum Institute v. EPA - Definition of Solid Waste, D.C. Cir. Nos 09-1038, et al. Oral Argument completed, awaiting decision Water In re EPA-Corps WOTUS Rule - WOTUS, 6th Cir. Nos. 15-3799, et al. Being held in abeyance since the Supreme Court accepted cert on jurisdictional question for the October, 2017 term SWEPCO v. EPA - ELGs, 5th Cir. Nos. 15-60821, et al. Briefing is ongoing, EPA recently received a 30 day extension on its response, oral argument anticipated fall 2017; Petitioners have sought administrative stay and reconsideration Cooling Water Intake Structures Coalition v. EPA - Cooling Water Intake Structures, 2nd Cir. Nos. 14-4645, et al. Briefing completed, oral argument not yet scheduled 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008053-00002 Miscellaneous Title V Petitions Enforcement cases and related penalties and settlements Various NSR Cases Other Cases Relevant to ERA, but where EPA is Not the Lead Agency: Endangered Species NRDC v. Sobeck- Blueback Herring listing decision, No. l:15-cv-00198-RDM (D.D.C.). CBD+DOW v. Ashe, Northern Long-Eared Bat, Nos. l:15-cv-00477+910 (D.D.C). EWAC v. U.S. Dep't of the Interior, Incidental Take of Eagles, No. l:15-cv-1486 (D.D.C.). Alabama v. National Marine Fisheries Service, Critical Habitat, l:16-cv-00593 (S.D. Ala.) 17cv1906 Sierra Club v. EPA 6/22 Production ED 001523 00008053-00003